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Pagaruyuang Law Journal
Published by Universitas Muhammadiyah Sumatera Barat
ISSN : 25804227     EISSN : 2580698X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Pagaruyuang Law Journal (PLJ) is a Peer Review journal published periodically two (2) times in one (1) year, ie in January and July. The journal is based on the Open Journal System (OJS) and is accessible for free, and has the goal of enabling global scientific exchange. PLJ is available in both printed and online versions. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Civil Law; Criminal Law; International Law; Constitutional Law Administrative Law; Islamic Law; Business Law; Agrarian Law; Adat Law; and Environmental Law.
Arjuna Subject : -
Articles 8 Documents
 1 
Search results for , issue "Volume 2 Nomor 2, Januari 2019" : 8 Documents clear
Kriminalisasi Nikah Sirri Menurut Rancangan Undang-Undang Hukum Materiil Peradilan Agama Bidang Perkawinan Efendi, Roni
Pagaruyuang Law Journal Volume 2 Nomor 2, Januari 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i2.1358

Abstract

Criminal policies in criminal law can be applied with dual track system approach, the first Penalism approach as part of an ultymum remedium that is reduced from the punishment theory. Then, non-criminal approach prioritize the primum remedium path that puts more emphasis on sanctions. Ultimatum remedium applicable only to tackle crime, it can be implemented with no alternative, but the government seeks a draft Law on Material Law Courts for Marriage which criminalizes behavior previously not lawful even according to religious norms, the act is the not recorded. This rule becomes one of the meanings used to create works that are different from law enforcement, certainty and law enforcement purposes.
Tanggung Jawab Sosial Perusahaan PT Asia Forestama Raya di Kota Pekanbaru dan Penegakan Hukumnya Utama, Andrew Shandy; Rizana, Rizana; Putra, Tri Anggara
Pagaruyuang Law Journal Volume 2 Nomor 2, Januari 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i2.1241

Abstract

Companies that carry out their business activities in the field of natural resources and / or fields related to natural resources must carry out corporate social responsibility. The field of corporate social responsibility can be carried out in the fields of education, health, infrastructure, sports and arts, social and religious arts, environmental preservation, populist economic endeavors, empowerment of indigenous peoples, and other fields of work that significantly impact the quality of the community. Based on the results of observations made in the Limbungan Village of Pekanbaru City, it is known that the corporate social responsibility program of PT Asia Forestama Raya was felt by the community. How is the implementation of corporate social responsibility of PT Asia Forestama Raya towards the community? How is law enforcement towards the implementation of corporate social responsibility of PT Asia Forestama Raya based on Riau Provincial Regulation Number 6 of 2012? The method used in this research is socio-legal research. The results of this research that PT Asia Forestama Raya actually implemented a corporate social responsibility program to the community of Limbungan Village, but it is not routinely carried out every year and does not cover all existing work fields. The obstacle is because the company's financial condition is currently in an unstable condition, so the budgeted corporate social responsibility funds are limited. Based on Article 32 of Riau Provincial Regulation Number 6 of 2012 it is affirmed that if PT Asia Forestama Raya does not carry out corporate social responsibility to the public, then the company will be subject to administrative sanctions by the Government of Pekanbaru City in the form of written warnings, restrictions on business activities, suspension of business activities , to revoke business activities.
Sengketa Pencalonan Pemilihan Kepala Daerah Kota Pekanbaru Tahun 2017 Faridhi, Adrian
Pagaruyuang Law Journal Volume 2 Nomor 2, Januari 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i2.1359

Abstract

The election of the Regional Head of Pekanbaru in 2017 generally went smoothly, but at the beginning of the implementation of the Pilkada stage there was a nomination dispute between the regional head candidates who did not qualify with the Pekanbaru City General Election Commission (KPU). The nomination failure was the basis of the dispute over the nomination of the regional head, because there was a reason for disability in one of the prospective candidates which resulted in the failure of the candidate to become the regional head candidate for the Pekanbaru City Election in 2017. This research is sociological juridical legal research, in the form of how to deal with applicable laws and regulations are then associated with the reality that occurs in the community. The results of this study were in the form that Pekanbaru City KPU was asked to include the H. Dastrayani Bibra- H. Said Usman Abdullah as a participant in 2017 Mayor and Deputy Mayor Election, the interpretation of disability carried out by the KPU was refuted by the decision on nominating disputes issued by Pekanbaru City Election Supervisory Committee (Panwas). The conclusion in this study is in the dispute over the nomination of the Pekanbaru regional head that the Pekanbaru City Election Commission Decision was canceled with a Decision from the Election Supervisory Agency.
Optimalisasi Lembaga Adat Desa Meneguhkan Konstitusionalisme Hamamah, Fatin; Sarip, Sarip
Pagaruyuang Law Journal Volume 2 Nomor 2, Januari 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i2.1243

Abstract

The village as the basis of national development in upholding new constitutionalism found a bright spot as the birth of the Village Customary Institution (LAD) which had a noble task. Village customary life is determined, mobilized, and controlled by institutions in the village. Village life loses its identity as a village, individuals, communities and villages move in conditions of individualism. Customary law is a term that is given legal knowledge, as guidelines, reality that governs groups, and disciplines people's lives in Indonesia. Indonesian people living in remote areas need order and guidance as rules they make themselves. Thus the existence of customary law to date still has an important role, especially in the formation of future national laws, especially in the field of family law. Customary law will be one of the main sources in the formation of written law, so that written rules are automatically a reflection of community law. And of course with the expectation that when the written law is enacted, there is no gap in practice in the community.
Recording and Publishing of Marriage Book in Order to Prevent Unregistered Marriage in Batangkuis District Sembiring, Idha Aprilyana; Zulfichairi, Zulfichairi; Aflah, Aflah
Pagaruyuang Law Journal Volume 2 Nomor 2, Januari 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i2.1381

Abstract

This community empowerment and development program aims to increase public awareness, especially marriage couples in Batangkuis District in legalizing their marriages. Basically, the couples have known the necessity of registering marriages, but do not register for various reasons. They do not have a marriage book even though they have been married for a long time.To achieve this goal, two (2) phases of activities were carried out, (1) Legal counseling carried out for two days in two partner villages with the theme of the introduction, usefulness and benefits of marriage registration and legal consequences arising from not registering marriages and to (2) assistance activities in making marriage books. The targets are couples in the two partner villages who have long been married religiously but have not registered marriage. After legal counseling about the benefits and importance of marriage registration, there was an enthusiasm to ask for assistance in recording their marriages because most of the couples had been married for a long time and had many children but had no evidence of legality of their marriage. The enthusiasm of the husband and wife shows the approach through legal counseling is effective to move their legal awareness to register their marriages.
Pelaksanaan Hak Anak Pidana untuk Mendapatkan Pendidikan dan Pengajaran di lembaga Pembinaan Khusus Anak Klas II Tanjung Pati Yustrisia, Lola
Pagaruyuang Law Journal Volume 2 Nomor 2, Januari 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i2.1326

Abstract

This study aims to determine the implementation of the rights of criminal children to obtain Education and Teaching at the Child Development Foundation Class II of Tanjung Pati. The research method used in this study is empirical juridical which functions to see the law in the real sense. This research is descriptive qualitative based on material and data related to the topic of discussion. The author describes and explains the problem in accordance with the facts that occur through a number of factors relevant to this research and then draw conclusions. The formulation of the problem in this study is about: first, how is the implementation of the right of a criminal child to get education and teaching in the Child Development Foundation Class II of Tanjung Pati? Secondly, what are the obstacles in terms of the Implementation of the Rights of Criminal Children to Obtain Education and Teaching at the Child Development Foundation Class II Tanjung Pati? third, how is the effort to overcome the obstacles in terms of the implementation of the criminal rights for children to obtain education and teaching at the Child Development Foundation Class II of Tanjung Pati?.
Penggunaan Diskresi dalam Penegakan Hukum oleh Kepolisian menurut Undang-Undang Nomor 2 Tahun 2002 tentang Kepolisian Negara Republik Indonesia K, Roberts
Pagaruyuang Law Journal Volume 2 Nomor 2, Januari 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i2.1545

Abstract

The important role of the National Police as a law enforcer is very necessary. However, in meetings in the field, the police are faced with a decision in which he must choose an action taken outside the limits of his authority and outside the command of his leader. At certain times, a police officer must make the right decision or better known as "discretion". A quick and precise decision is of course motivated by consideration and assistance with accountability. The implementation was relatively more important than the police officer recommended, but even so the background of the users must be of greater and wider interest (public interest).
Analisis terhadap Putusan Mahkamah Konstitusi Nomor 05/PUU-IV/2006 tentang Pengujian Undang Undang Nomor 22 Tahun 2004 tentang Komisi Yudisial Suparto, Suparto
Pagaruyuang Law Journal Volume 2 Nomor 2, Januari 2019
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i2.1357

Abstract

Amendment of the 1945 Constitution gave birth to a new state institution, which called the Judiciary Committee. That entity is being formed to conduct selections to the Supreme Court judge candidates and also to supervise the behaviour of the judges. But along the way, the Supreme Court judges felt that the Judiciary Committee’s supervision is interfering with the independency of the judges. Thus, the Supreme Court judges conducted a judicial review on the Law No. 22 of 2004 and Law No. 4 of 2004. After that, the Supreme Court issued Stipulation No. 05/PUU-IV/2006 with the following points verdicts: a) that constitutional judges are not included in the objects of Judiciary Committee’s supervision, because when the idea to form a judiciary committee occurred, the Constitutional Court itself was yet to be existed. Thus by this premise, the formation of the Judiciary Committee is meant to supervise the judges and the Supreme Court judges; b) Supreme Court judges are objects of Judiciary Committee’s supervision. This is in accordance with the primary purpose of the Judiciary Committee’s formation, which was to supervise the behavior of judges as well as Supreme Court judges; c) the material about the supervision is being annulled since it is not in accordance with the checks and balances principle. The Judiciary Committee is merely an auxiliary state organ which cannot supervise Supreme Court and Constitutional Court as the main state organ. The Constitutional Court Stipulation No. 05/PUU-IV/2006 has the potential to violate the principle of nemo judex idoneus in propria causa, which someone cannot act as a judge for himself.

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